The dos and don'ts business trade marks
Mark Kingsley-Williams, director of Trade Mark
Direct, explains the importance of business trade marks and how
to get the trademarking process right.
Your business stands or falls by its name and logo. A good
trademark adds to a brand's value making your brand stand apart
from your competitors. Too many companies pay scant regard to
getting the correct trade marks for their business.
Follow the eight tips below to protect your brand.
1. DON'T just register your company or product name
with Companies House as this does not give you any trade mark
protection, nor does owning the website address. Register your name
and logo with the Intellectual Property Office. (More than half of
DIY applications fail, so consider using an expert agent or
attorney.)
2. DO your homework. Check that the name you want can
be registered as a trade mark and it's available for use at
Companies House. Also check the internet domain name is free.
3. DON'T be too literal or descriptive with your
company or product name. Names such as Designer Leather Bags won't
be accepted, nor will misspelt words such as Letha Bagz. You also
can't register a trade mark that includes a famous name or brand,
for example Mike's Armani Shop. And, by the way adding .com or
.co.uk or ltd to a name that is otherwise identical to a registered
trade mark makes no difference, you can't use or register it.
4. DO think about creating a made-up name, as this is
one of the easiest ways to a successful trade mark application.
It's one of the reasons brand names such as Viagra, Accenture and
Yakult come about.
5. DON'T worry, if another company has already
registered the name you want, you may still be able to register it
if your products or services are different.
6. DO research your classes. Two companies can own
the same trade mark as long as they are registered for different
products.
7. DON'T delay your application. Too many businesses
put it off until too late when someone else has already registered
the company or product name they have been using. They then have to
rebrand and start trading under a new name, which can be a very
costly process.
8. DO be thorough. A registered trade mark lasts for
10 years before renewal fees are due, and once it's registered you
cannot increase the scope. So if you currently only sell clothing
but are harbouring a desire to expand to make-up, then it's worth
applying for that class, otherwise you have to start and fund a
second application from scratch.
For more information on how to apply for a trade
mark go to www.trademarkdirect.co.uk, the online trade
mark registration company.
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